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2016 DIGILAW 1047 (JHR)

Philmon Toppno v. State of Jharkhand

2016-07-14

RONGON MUKHOPADHYAY

body2016
ORDER : Heard Mr. Mohit Prakash, learned counsel appearing for the petitioner and Mr. Kaushal Kishor Mishra, learned A.P.P. for the State. 2. In this application, petitioner has prayed for quashing the order dated 23.12.2015, passed by the learned Additional Sessions Judge, I, Gumla in Kamdara P.S. Case No. 32/2014, G.R. No. 1038/14 by which application filed by the petitioner for release of the motorcycle bearing registration No. JH01X 2762 has been refused. 3. It has been submitted by learned counsel for the petitioner that petitioner is a constable in Jharkhand Police and he is owner of the motorcycle bearing Registration No. JH01X 2762. It has been submitted that petitioner is not an accused in a criminal case and in fact only on the ground that his motorcycle was used by the accused persons and there is a possibility that miscreants may use it once again for committing an act of crime, such application has been rejected. Learned counsel submits that since the motorcycle is kept in the police station, it is getting decayed due to the vagaries of weather. Learned counsel submits that as and when the motorcycle shall be required during trial, it will be produced by the petitioner. 4. The petitioner is not an accused in Kamdara P.S. Case No. 32 of 2014, and he is the owner of the motorcycle bearing Registration No. JH01X 2762, as would be apparent from the report of the Investigating Officer which has been brought on record by the learned counsel for the petitioner. Merely because the accused persons had used the motorcycle for committing a crime and there is report of officer-in-charge of Kamdara Police Station that it cannot be said with certainty that motorcycle will not be used by miscreants again in future for committing a crime, such fact cannot be a ground for rejecting the application for release of the motorcycle. Admittedly, petitioner is the owner of the seized motorcycle which is kept in the police station and the same is suffering from the vagaries of the weather. Since the petitioner is not an accused in the criminal case so instituted, the impugned order dated 23.12.2015 passed by the learned Additional Sessions Judge, I, Gumla in Kamdara P.S. Case No. 32/2014, G.R. No. 1038 of 2014 (S.T. No. 346 of 2015) is hereby quashed and set aside. 5. Since the petitioner is not an accused in the criminal case so instituted, the impugned order dated 23.12.2015 passed by the learned Additional Sessions Judge, I, Gumla in Kamdara P.S. Case No. 32/2014, G.R. No. 1038 of 2014 (S.T. No. 346 of 2015) is hereby quashed and set aside. 5. Learned trial court is directed to release the motorcycle in favour of the petitioner after taking sufficient surety. 6. It is also directed that as and when the motorcycle shall be required in course of trial, petitioner shall produce the same before the learned trial court. 7. This application stands disposed of.